>> you are welcome. coming up on tonight's show, an anti-muslim poster comes under attack in a new york city subway. we will investigate the circumstances and present both sides of the story as we take a look at what happened during the course of the incident which we will be looking at. and the response from the white house, it is not their fault. they were protesting on campus, and they received a big lawsuit payout. parents encourage other protests. and mayor bloomburg stalks the new york city hospitals in favor of skis tells. skittles. all that and more coming up. >> thanks, mike. let's welcome our guests. my first guest and i met years ago after a karate competition. my mom drove us to an amusement park. we held hands. the car stalled and i had to pop the engine. oh, the memories.

welcome news editor for town hall.com and town hall magazine. and we used the same barber shop together. it was named after our mutual love of facial kellerman. it is writer and comedian keith alderstad. and we worked as wharf 1812 reenactors. and as kids we were altar boys together. he would steel the wine and i would steel the water and then we would say mass ourselves. we were ambitious kids. tv personality and author greg gutfeld. his latest book "joy of hate" comes out november 13th. >> buy it. >> a block, the lede, that's the first story. >> she fought vitreal with aerosol -- you get the point. on tuesday a woman was arrested after she spray painted a new york city subway ad that equates muslim

radicals with savages. the transit authority was forced to install the campaign seen here prompting the activist to make her complaint with paint. but she was met with the defender of the poster and a faceoff over free speech. let's watch. >> do you think you have a right to do that? >> it is a freedom of expression. >> do you really? >> i do. and who are you? >> my name is pamela. >> okay, can you get out of the way, pamela? >> no. >> get out of my way. >> you are violating free speech. >> i am not violating it. >> get out of my way. >> i am doing it right now. do you want paint on

yourself. do you really? okay, fine. defend racism. defend racism. >> you have a lot of nerve. >> but your body between me and racism. you are violating free speech. you are violating free speech. >> i really don't care. >> it is so natural lass stick. i wish there was more. maybe sph i wait here there will be. >> you know what -- >> no harm to me. >> i am not touching you. >> you are spraying me. you are spraying me. >> get off me or i will get the police. >> go get the police. they will stop you. stop it. >> get out of my way.

>> stop her. stop her from what she is doing. >> hash tag, what is your last name? >> being a comedian you spend a lot of time in dark places with crazy ladies. which of these is right? >> that is absolutely accurate. first of all i would like to say that is the worst idea for a laverne and shirley spinoff i have ever seen. the thing i found about this video is the lady tried to shield the ad when mona was using pink paint. >> she was trying to block it, right? >> there is no reason to shield the pink paint. you are still going to be able to read the words. you could. it was obvious. it is like facing a wiffle ball pitcher with a batting

helmet. >> have i done that. you have to -- i have done that. >> i will say it is nostalgic. i haven't seen anybody express themselves with paint since "break in 2". >> "godfather 2". >> katie, the activist, said she refuses hate. now, if i remember correctly when we were in that amusement park, you said you like to surround yourself in it like a warm bath. >> with people like you. i think this woman would be a great candidate for code pink. pink paint, pink jacket. but if she wanted to be a real anarchist she will use the paint to cover up the sign. >> you can still read the sign. >> did you like what i did there? i said you are vacationing on a bar stool in midtown manhattan? you are on a bar stool. it is like one of those lateral thinking puzzles. the doctor is a woman. >> you were not lying.

>> is this why you avoid subways ? >> i avoid subways for a number of reasons because they do not allow me to go on after the picture taking incident. who knew up skirting was illegal? who knew to film this? i don't think this was staged. but there was a camera crew already there which means somebody must have called ahead. they didn't look like they were acting. but my question is, there is nothing wrong with this poster in the subway. you can see posters for std's, for dermabrasion, very, very annoying and disgusting pictures. >> it can make an extremely old and local reference that the rest of the country doesn't understand. >> the thing that bugs me is there is a lot of anti-bullying things going on. how come the jihaddist is not seen as a bully, and why is this ad any different than an anti-bullying ad? why is that seen as racist?

she is not saying anything about islam. she is saying you are a jihaddist. it is like saying don't bully. i am not clear whether this was orchestrated or not. but it seemed like they were definitely pissed off at each other. >> you don't believe the moon landing was real. you thought they orchestrated that. do you think this is orchestrated? >> i believe it was, and i will tell you why. if this was an actual new york moment that girl would have spray painted the crap out of her face. she would not have avoided her. she would have done it dead on. those two, and i use this word sparingly, were in cahoots. >> do you think so? >> at the beginning she said, what is your name? she said, my name is sandy. they exchanginged names. >> like they were reading cards. >> then the cops would not be in on this. >> no, the cops weren't in on it. >> who would desire to be arrested for an orchestrated stunt?

nobody wants that on their record. i think somebody called ahead and let them know. maybe to be in cahoots with one person saying we are going to plan this, let's call the post. but how did the woman know to be there to defend the post? dash darn -- the poster? >> maybe mona blogged about it. maybe that's how she knew her name. >> that's right. , the internet. >> she probably said, was today the first day the posters were up there? maybe they had people there to watch to see what would happen, and that's what happened. >> maybe it is miss communication and mona thought the whole ad campaign is if you see something, spray it. >> mona. >> good one to go out on. >> can i make another point? >> greg, he is ruling the show from the passenger seat. >> i am just saying it doesn't hurt to have a little outrage in america, right? why not have a little of that? we are getting angry over an nfl game, why not have a little friction about

jihaddist in america? they can see that in saudi arabia or yemen or wherever and go, oh, maybe they care too. >> let sphree dom ring. let freedom ring. >> i didn't mean it that way. >> there is no argument to be said about who is right and who is wrong. paid for advertisement is legal and graffiti is not. having said that, if we want to talk about who is craze yes, sir that was funded by pamela geller. somewhere right now she is in an empty room and writing her name in her own blood and listening to carnival music. she is coo-coo. the idea itself is legitimate. however you feel about geller is separated. when you have to say stuff about somebody rather than the actual activity, that means you agree with the activity. >> i think pamela has ray bees and that's why i call her old geller. >> it was her free speech to spray paint somebody else's paid sign, but it is not your spree speech if you are impeding on somebody else's

free speech. you can't shutdown somebody else's speech by any means necessary and claim free speech. >> we solved the problem. from hats to suits, does it pay to get the spray? the uc davis students, remember them, who were peppered by campus police during an occupy rally, remember them? they have reached a million -- wait the camera is not on me. a million-dollar settlement with the university. they will pay 20 grand for each of the students caught in the line of fire 10 months ago. seems like yesterday, doesn't it? and the chancellor has to write a formal apology to each of them. well, i hope it is as heart felt as all forced apologies are. said one of the plaintiffs, quote, since november 18th, students have been afraid of the police. the university still needs to work to rebuild student trust. and this settlement is a step in the right direction for analysis of the ruling let's

go live to fire side mier cat. >> that warms my heart. >> did you see the kitty litter thing? now i know how mier cats pee. >> i was looking in his eyes. keith, are you a comedian, 30 grand, that is about two years salary. was 30 grand enough for this spray incident? >> i know from doing some research the only reason they came to this settlement to finish this off and got it over with, they realize these students are now so visually impaired they could become replacement refs in the nfl.

that is uncalled for. >> katie laughed because she is the only one who understands sports on this panel. >> that was as topical as a solution. >> but i do find it disturbing that this is the second story, and we have only done two stories, but this is the second one where sprays was involved. we are becoming a nation of cats. >> bill, you were sprayed by many things in college. is pepper spray so bad? >> no, but the most i made from my spray was $20. i was selling sprays at the local mall,. >> sunscreen. >> thank you very much. >> i do like to spray sunscreen. don't you love it? i hated rubbing it on. >> when i was in college -- when i was in college we were playing the north carolina tar heels and i watched the guy get tasered while holding on

to a metal pole. >> was he the don't tas me, bro? >> he got off easy. >> remember the journalists were getting water boarded? j didn't anybody get pepper sprayed to see if it was so bad? >> these people are now ready to be police officers? >> is that right? cops are pepper sprayed as part of their training? >> a girl went into the cafeteria and one little spray and it was playing. everyone started coughing. >> you are a wimp. >> well i wasn't there, lyndsay you got away with a good one and ruined everyone's day. point is to prevent police officers to engage in physical force that could put somebody in the hospital. the only reason it is done is police officers were worried about injuring people and lawsuits. that's why you have pepper spray. the point of occupy wall street was to create moments like this. these people knew this is what

would happen. and it would get filmed. they even said they wanted a kent state. the fact is the victims here in my opinion are the people who have to do their job. no cop wakes up in the morning and says, i want to pepper spray a complete stranger. they want to do their be joes, and they are forced to do this. then the cop gets in trouble. he got transferred out of the campus, and he might even be libel for lawsuits. i don't know what the word where you are prevented from being sued. >> the chancellor refused to step down and he is the one taking the heat for it. >> do you remember when there was an investigation in the rodney king thing and it turns out the police were in most cases using the proper procedures,ett set raw? is that what you are supposed to do? >> they were sitting very dangerously. >> they were in a public place, and nobody wants to do this. but if you have to get them to leave and if you don't leave,

there is only one way to do it, and that's by force, but you don't use physical force anymore. you use pepper spray which is a temporary situation that hurts and has no lasting affect except your bank account. >> they are getting $20,000 payout dashes dash. >> $30,000. >> that is coming from the university. so they will hike up their tuition and get it all back anyway. >> i have an idea. for cops watching this, if this situation arises again, put an iphone on a string and just -- just hold it. >> that's a good point. >> remember they were doing that and mocking them. why not do that to the protesters? this goes back to how many people will claim to be a part of the event? if everybody who claimed to be in the summer of love were in the summer love you would need

50 summer of loves. all of these people 20, 30 years from now were bragging about how they were a part of this. it is the biggest scam move ever. >> and they will spend that $30,000 quickly after taxes. what is the snooki law? i hope it is not a ban on merriment. that's her trademark.

that they be bared from puking in your backyard? a new jersey lawmaker introduced a bill that will let towns regulate had --

regulate the television shows and impose conditions such as requiring tv crews to pay for additional p coulds. it is called the snooki villa. it is named after mike, the situation, book evilment says the state assemblyman, quote, this bill will permit local officials to make sure taxpayers don't get snookered. when reality stars such as snooki or j-wow come to town -- the m on thing bad -- the only thing about that is if he really sounds like that. he calls me, is tom shalou there? >> let's talk about it in the -- >> lightning rooooouuunnndd. lightning round. >> that is annoying. >> i'm a fan. >> snookiville sounds like a

place i would like to visit and not live. do you conquer some. >> snookiville sounds like a town in the name of the grinch stole tv decency. but i have to admit when i first heard there was something called a snooki law, my first thought was now there is a requirement for a last call at tanning saloon -- salons. i am all for it. if they have going to have to bring more cops in, somebody has to pay for that. >> katie, why are all of these drawn to the sunshine state of new jersey? >> i don't want the mofia coming after me -- >> i am not answering that question so -- because i will insults all italians, so i need to be careful. >> i think this is silly. people do stupid things all of the time. people just don't see it because there is no a camera crew following them around.

republicans are talking about less government and he wants to bring in-laws to enforce it. >> mtv didn't choose beverly hills. they chose the derby. >> you may be right. >> bill, it is economics, the hair wax and the tanning butter. it generates economic activity. why not step back and let these people make money? >> let it happen naturally, organically like snooki in a petri dish. i used to live close to where they filmed "the jersey shore." the fact of the matter is there aren't cops there, period. they need to get cops there now. we would go out to bars and nine times out of 10 a guy in a wife beater would be wearing my face on his fist and i would never get -- nothing would happen to me, and people would walk around drunk all

the time. nobody stops them. they are not peaking outside their car. >> the thing you don't else is the guy in the wife beater, off duty cough. off duty cop. >> no wonder the mustache. i just thought it was the bar i was at. >> you are slated to join the new cast of next season's "jersey shore." >> that's true. may name will be lol-gutz times 12. >> i thought it was shorty huh huh. >> shorty huh huh was taken. by dana perino. we arm mess selled over the name and she beat me. >> the idea of snookiville sounds like an amusement park. you have fuzzy naval fountains and you have puke gutters and sex caves. is it commerce or chaos? and it goes back to the

producers. they are put in a place where people don't like them. there should be some rules you can take out your various anger on them. if you are in a jersey city and at a restaurant, how would you feel if some orange alien walked in and demanded you move a shoot because they are shooting? it should be the reverse. if you see these people in a restaurant you should be able to kick them out because that's where you will live. >> i say i am against government regulation, but let the locality make their own laws. next topic, the college board announced s.a.t. reading scores are the lowest they have been in years. the average score for this year's seniors was 496, down 30 points from 1972. the year, not the score. some tribute to a record number of kids taking the test including 25% from low income families. greg, what do you think?

>> i think -- -- >> i want to give uh theory. i think in 40 years none of our kids or our kids' kids will be able to read. we will be a culture of i will illinois -- i illiterates. maybe reading is another way to communicate. you will be able to live and die. >> the globe will be a place where we communicate by thoughts and reading will become incidental because it will be transmitting thoughts. the problem with the sat the answer for whatever kid is whatever dude. you don't have that as part of the melt pell choice. i blame pornography, hip hop and say tan. >> speak pg of s.a.t.'s -- >> you can't spell say tan

without s.a.t. >> you are right. >> the thing i got most is teenagers communicate with abbreviations, lol, so mg, ttyl. >> i don't know what that means. >> how can we expect them to read? complete sentences are foreign. if they are so at depth, you should have no problem on the classified ads. >> that is another thing. classified ads. >> katie, what do you think? give me your thoughts. >> i think they are talking in abbreviations. they don't have to read. it is thought, by thought, by thought. they don't care. >> here is the solution. if you are going to eliminate reading, what dowry place it

with? >> nobody in our country understands a mortgage. how many people have taken out a car loan or a student loan or a mortgage without understanding that they actually owe money. they don't get it. i count myself as one of those when i was going to take out a student loan. >> you have to pay it back. >> that's terrible. >> are we doing this? >> i think we solved that. >> tomorrow it will say fox news comes out against lit literacy. e-mail us at fox news.com. and do you have a video of your animal doing something not boring go to fox news cot /red eye and click on submit a video. get used to. it life is tough. the half time report coming up with mike baker. >> it is presented by taz main yen devil.

y it is marked boy a large, powerful jaw. thanks, tazmanian devil.

let's find out if we have gotten anything wrong so far. for that we go to mike baker. >> thank you, thank you very much, tom. >> you're welcome. >> how are you feeling so far? >> good. you seem a l disappointed that i am the replacement host. >> maybe i am disappointed you are not the host. >> wow.

put it that way. >> before we get stuck into tonight's stories, you know, i have gotten a lot of mail since i made the announcement i am relocating to idaho. >> e-mail? electronic? >> mostly written in the post as we call it. most of the questions basically revolve around where and what is idaho. so i thought i would do our viewers a favor and give ourselves a "red eye" idaho primer. now really if you are looking at idaho and interesting facts about idaho and who isn't now a days? idaho was officially named the 54th state after the u.s. seized the territory during the canadian wharf 1971 -- war of 1971. it is nicknamed "the pudding state" and the state bird is the speckled toucan. a couple of facts. and then reasons for moving to idaho, people are asking me

why idaho? well there is free land for every homesteader, and country line dancing is very popular. not to meption you can't -- not to mention you can't swing a dead cat without hitting a republican. joy i don't think you should do that anyway, swinging a dead cat. >> half time is -- sprockets trending where they need to be. they are surging which is what we have been predicting all along. i don't want you to read too much of that, but the sprockets are up. the only thing to pay attention to is the highlighted line. the hot chicks demographic. that's good news. half time scores, i didn't pay attention. predict tiff indicators, the gap is closing. i think we were all expecting that by the end of the month.

story number one. >> just take three minutes to get there, mike. >> well, that's not a record and you know that. question number one, we are talking about story number one, the subway poster story. greg, you said you didn't think this was spontaneous, that perhaps this was pre -- pre planned? >> i think somebody had -- maybe the people who put the posters up were aware something was going to happen. i don't think there is anything wrong with that. there was a suggestion that both were colluding and i don't think that's the case. >> you are on to something and they bumped heads before. they were on opposing sides and it is interesting because she says, who are you? who are you? you have hit the nail on the head. i think it was pre planned.

>> the white house said it was spontaneous. >> keith, and katie, you made good points. i don't know how they will do a two-shot to get ow. >> look at that. >> don't direct the shot. >> you both said that obviously she didn't need to block the paint. she should have used black paint. >> the add looked like blood stains in the haunted house. >> it was pink stains. >> it keeps going through. >> you said black was an angry color. red is the color you would choose. >> are we making fun of china and do it on a regular basis. the two were in cahoots. do you know what the origin of the word is? >> i believe it is western. possible whree from the wes tie es before we went to color tv. it is an american term that

came from cahoots that means cabin or hut. >> i believe tom shalou will be performing. >> his whole act is in french. >> greg, you said a bit of outrage isn't bad. do you thong we are in a phase where we have too much outrage 1234*. >> not at all. one side has outrage and we are an am ambivalent nation. we are more interested in football play than foreign policy. >> every time there is a story there is a burst of outrage. >> are you right. and you are helping me plug my book, the joy of hate which is about manufactured outrage. >> is that coming on sale soon? >> less than two months. but it is a good point. my point is on one side you have manufactured outrage and the other you have none. >> from amazon it is coming on sale november 13th.

>> amazon is the nickname of the new intern. >> she is squating below my desk right now. >> you have children. >> that's how i got them. >> if i could ask, what is the key ingredient, bill, in pepper spray. >> that would be pepper and spray. >> water. >> it is capasan. does anybody want to guess where it comes from. >> a chilly pepper. katie when did you graduate from college? >> i am not telling you. >> i graduated with katie in 1991. >> nice, you asked a question

that cops are sprayed and training. >> it is an active process. you get spraird and then go through an obstacle. it is basically to fight your way through it and you understand you -- how to mobilize yourself once you have been sprayed. >> how did you do? >> last night i did fine. it has been years of training. geeing, you said the police were worried about lawsuits and that's why you have pepper spray. could you elaborate on that? >> because with loss of physical contact you have more risk of breaking a bone. what they are trying to do -- i assumed talking to the people i know in-law enforcement pepper spray was used to reduce physical contact that lead to broken bones. >> you have absolutely right.

and you -- i have to wrap up, but you say the students, they knew what they were getting into. you say this was not spontaneous? >> i believe every single event that resulted in an arrest during occupy wall street was planned. everybody wanted to get arrested. it is part of the experience of being part of a romantic movement as disbusting it was. >> don't forget november 13th. by the way, thank you in the book. not really. >> i am done. i am finished. i am done. i have loads more to do, but i am out of time. >> you are a good friend. >> how is new york's soda ban going to affect movie theaters. but it has busy hands. gentlemen i just accused him of a crime. >> i don't know how long you are in town, but i am supposed to cry for it.

so what is left to say about the soda ban? >> not much, actually. it will be outlawed in many locations including movie theaters, and operators say it could be a big blow to business because concessions make up to 40% of their profit with soda and candy being the two most popular items. a huge surprise because i am a popcorn man myself. said the spokesman for the head of the lobbying group, quote, this is not the end. well said nameless spokesman guy. denying the movie going public, will it hurt the business as much as nicholas cage's last 11 films have? we sent them to local theaters to find out. >> soda!

>> i can't get worked up about it anymore either. a slow news day. let's talk to people. as of 2013, this will be illegal in all movie theaters, 6 tone ounces -- 16 ounces or higher. how do you feel about that? >> you know what i'm saying -- >> excellent point. >> that sucks. >> why does that suck? >> because i don't think you should have an option. >> are you saying the government shouldn't be baby-sitting us? >> in a way, no. in a way, yes. some of us don't really know what is being put in the soda. when you go to a party and they put stuff in the drinks and girls don't know and god forbid anything could happen. >> well, now careful on that. that's the only way i can get a date. >> i have had a weight problem for a longtime. that's great for me. i have a 10-year-old who doesn't have a weight problem and it is great for him. >> i am looking at you right now and you look pretty in shape, and trust me, i am

looking. >> for the people who are fat and ugly, shouldn't they be allowed to be as fat and ugly without bloomburg telling them what is what. >> you shouldn't tell people what to eat or drink. it is a personal choice. it is really unhealthy, but it shouldn't be a law, i guess. >> if people want to go into hypoglia sigh mick shock while watching "total recall" that's their choice. spoiler alert, it continues to suck. jay what movie are you see ?g. >> i don't know. >> i want to go over a couple, "total recall" you had me with schwarzenegger, "the possession." i like it better when it is called "the exer cyst." >> sleeping no more? >> sleep no more. i have been to that. it is a tour de force. it is good. >> i am told tour de force is good.

critics say it all the time. >> ted, not so bad, but i prefer the conference with nerds. premium rush. in 2013 they will no longer allow movie pauls in the theater theater -- allow movies in the movie theater. >> i don't know what you are talking about. >> who knows what anyone is talking about in this world? what about the money being lost by businesses who cannot sell our fat self-s as much as we can handle. >> -- cest la vi. >> for a good time don't see that movie. >> end of watch. that's what schwarzenegger says at the end of every film. end of watch. you go home now. >> who knew "arrested evil" was such a tearjerker.

my ride is american and 2013. in the meantime, i am gonna mount up. >> you are welcome. >> that man on the street raised more question than it answered. come on, bill, i thought you were going to answer some real questions. box offices are plummeting and there is a proliferation of flat screen tv's and people are staying away from theaters. this could be the nail in the cough vin and why not address that. hurting the movie industry is affecting "smarts 2". what is hurting the movie industry is rebooting the row bow cop franchise. it is horrible.

>> i love "row bow cop." >> i have to chime in here. facism sphols the path of least resistance. people don't get angry. i don't think it is a good idea. we live in the most ambivalent nation where you can take your rights away and i don't agree with it, but oh well. i don't know. it is sad. nobody gets pissed off. >> we debt it. greg wants the country to be angry. it is time for a break. i have absolutely no idea what is next.

last topic. jerry brown signed a bill giving the go ahead to drive the cars -- to drive driverless cars on state roads. it was developed by something called google. it will be allowed on public roads as long as the licensed drivers are behind the wheel to take over if needed. it makes the whole thing futile. what good is it if there is a driver in the car.

they should be commercially available. isn't it always a decade? isn't it 10 years we have to wait for these things? why are people complaining about this? >> i will tell you why. for a couple reasons. a, it is like the electric car. people thought it would be replacing the car. this will not cause people to stop driving. it will kill the chauffeur. >> do you remember that arnold schwarzenegger movie in it was a robot. robots are people too, greg. >> they remind me of my -- >> not human being. >> we will show this and you will be seen as a bigot. >> i am a product of my time. >> they are coming when you are 60 and that's how you were

raised. >> in fifth years do you think google will be a drive less car p -- car company. >> maybe. i want to know about flying cars. wasn't that a decade ago? where is the flying car. >> to the young people a decade seems so young. you are flying cars. they have been around since 1902. >> keith, say something. >> driverless robot cars in california proves that legislation is indeed influenced by lyndsay lohan. >> if we have going to reintroduce it, we will do it in l.a. >> we will cost things out go to fox news.com/red eye.

time to go back to mike baker for a post game wrap up. >> thank you very much, tom. keith, where are you going to be performing this weekend? >> i will be at the martin theater in panama city, florida. >> can you say that one more time? >> panama city, tickets on sale now. >> very good. katie, i heard a rumor it is your birthday? >> it is not my birthday, but it is my little brother's birthday, so happy birthday to my brother. >> that's nice. do you want to say his name and age? >> he is 22. his name is paul. he is on twitter. he is single. he lives around new york, ladies. look him up. >> greg, would you like to, i don't know, for the first time shamelessly promote your book? >> tomorrow on "the five" i

will unveil the cover of my book as a cover reveal. it will be exciting. it will be a huge book. >> excellent. tom, that's it. back to you. >> thanks so much. that does it for me, tom shallou. see you next time. roamed with e dinosaurs. prime time so settle in. >> o'reilly factor is on. tonight. >> president obama see pulling ahead in two big swing states. >> big news today president obama may be pulling away from governor romney in the key states of ohio and florida. but is that true? we have in-depth analysis from karl rove, dick morris and the governor of ohio, john kasich. >> there is no doubt that the world is in need of a new order and fresh way of thinking. >> bill: mad man of iran insulting just about everybody at the u.n.